In an April 28, 2015 ruling, Judge Colleen McMahon found that the plaintiff in a patent infringement action lacked standing because of a defect in the patent’s chain of title. The plaintiff’s title to the patent depended upon a transfer from the plaintiff’s wholly-owned subsidiary to the plaintiff. The Court found that not such transfer had taken place. Judge McMahon wrote that there had not been an express assignment, and that the plaintiff had not acquired the patent automatically upon the plaintiff’s filing of a certificate of dissolution for the subsidiary. According to the Court, the mere filing of the certificate does not cause the transfer, which happens only upon the filing of a plan of dissolution within three years of the filing of the initial certificate.
for the Southern District of New York
Court Dismisses Patent Infringement Action for Lack of Standing
In an April 28, 2015 ruling, Judge Colleen McMahon found that the plaintiff in a patent infringement action lacked standing because of a defect in the patent’s chain of title. The plaintiff’s title to the patent depended upon a transfer from the plaintiff’s wholly-owned subsidiary to the plaintiff. The Court found that not such transfer had taken place. Judge McMahon wrote that there had not been an express assignment, and that the plaintiff had not acquired the patent automatically upon the plaintiff’s filing of a certificate of dissolution for the subsidiary. According to the Court, the mere filing of the certificate does not cause the transfer, which happens only upon the filing of a plan of dissolution within three years of the filing of the initial certificate.
Labels
05 Civ. 390
(
1
)
09 Civ. 10112
(
1
)
09 Civ. 528
(
1
)
10 Civ. 3734
(
1
)
10 Civ. 7246
(
1
)
11 Civ. 1001
(
1
)
11 Civ. 1594
(
1
)
11 Civ. 4985
(
1
)
11 Civ. 6808
(
1
)
12 Civ 5071
(
1
)
12 Civ. 3699
(
1
)
12 Civ. 3810
(
1
)
12 Civ. 4919
(
1
)
12 Civ. 5070
(
1
)
12 Civ. 5230
(
1
)
12 Civ. 6283
(
2
)
12 Civ. 779
(
1
)
12 Civ. 7902
(
1
)
12 Civ. 9260
(
1
)
12 Civ. 95
(
1
)
13 Civ. 1787
(
1
)
13 Civ. 684
(
1
)
ACPA
(
1
)
Advice of Counsel
(
1
)
Affirmative Defense
(
3
)
ANDA
(
2
)
Anonymity
(
2
)
Attorneys' Fees
(
18
)
Bifurcation
(
1
)
Breach of Contract
(
2
)
Case or Controversy
(
2
)
Contempt
(
2
)
Copyright
(
9
)
Copyright Infringement
(
76
)
Counterfeiting
(
4
)
Damages
(
7
)
Declaratory Judgment
(
7
)
Default Judgment
(
2
)
Federal Circuit
(
2
)
First Sale Doctrine
(
1
)
Fraud
(
1
)
Fraudulent Concealment
(
1
)
Infringement Contentions
(
3
)
Interlocutory Appeal
(
4
)
Judge Abrams
(
5
)
Judge Buchwald
(
3
)
Judge Castel
(
8
)
Judge Cedarbaum
(
1
)
Judge Daniels
(
4
)
Judge Dolinger
(
2
)
Judge Forrest
(
16
)
Judge Gardephe
(
5
)
Judge Hellerstein
(
4
)
Judge Oetken
(
5
)
Judge Preska
(
4
)
Judge Ramos
(
1
)
Judge Schofield
(
5
)
Judge Sullivan
(
12
)
Moot
(
4
)
Motion to Quash
(
2
)
Patent
(
1
)
Patent Infringement
(
56
)
Preliminary Injunction
(
4
)
Reasonable Royalty
(
2
)
Renewal
(
1
)
Safe Harbor
(
1
)
Subject Matter Jurisdiction
(
5
)
Summary Judgment
(
8
)
Trademark
(
2
)
Trademark Infringement
(
42
)
Willfulness
(
6
)
The general information and thoughts posted to this blog are provided only as an informational service to the web community and do not constitute solicitation or provision of legal advice. Nothing on this blog is intended to create an attorney-client relationship and nothing posted constitutes legal advice. You should understand that the posts by the author, who is an attorney at U.S. law firm Allegaert, Berger & Vogel, may or may not reflect the views of that firm and that the author of this blog is only authorized to practice law in the jurisdictions in which he is properly licensed to do so. For additional information, click here.